# In the matter of KNM Pharma Pvt. Ltd. IA 136 of 2020 in C.P. (IB) No. 506-NCLT-AHM-2019

> NCLT judgment dated 2020-02-19. Citation: TCN-2020-NCLT-01888. The case pertains to IA 136 of 2020 in C.P.(I.B) No. 506/NCLT/AHM/2019 before the Ahmedabad…

- **Court:** NCLT
- **Order date:** 19 Feb 2020
- **Citation:** TCN-2020-NCLT-01888
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/knm-pharma-pvt-ltd-ia-136-of-2020-in-cp-ib-no-506-nclt-ahm-2019-6151f909

## Summary

### Background

The case pertains to IA 136 of 2020 in C.P.(I.B) No. 506/NCLT/AHM/2019 before the Ahmedabad Bench of the National Company Law Tribunal. The matter involves Pharmachem Enterprise V/s Anjali Nirav Choksi IRP For KNM Pharma & Anr. The application is filed under Section 12A of the IB Code by the Operational Creditor.

## Facts

The case involves an application filed under Section 12A of the IB Code by the Operational Creditor against Pharmachem Enterprise. The IRP, Anjali Nirav Choksi, representing KNM Pharma, is present, as is the Corporate Debtor. The IRP stated that the COC has not yet been constituted. The matter was admitted on 28.01.2020. The IRP, Anjali Chokshi, confirmed receipt of dues and expenses from the Operational Creditor. The operational creditor's prayer was allowed, resulting in the cessation of the moratorium under Section 14 of the IB Code and the discharge of the IRP's duties.

## Issues and analysis

### Issue 1: Whether the prayer made by the …

**Ratio:** The court has the discretion to allow prayers made by the Operational Creditor if it

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**Reasoning:** The court considered the submissions and the records and found merit in the Operational

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**Interpretation:** The interpretation of the IB Code allows for the court to consider and grant

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**Application:** The court applied this ratio by allowing the prayer made by the Operational

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## Parties

- **Judges:** Manorama…; Chockalingam…
- **Respondents:** KNM Ph…; Pharmachem…

## Timeline

- **2020-01-28 — Matter Ad…**: The matter was admitted…
- **2020-02-19 — Order Da…**: The Operational Creditor's prayer was allowed, the moratorium ceased, and the IRP was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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